Hosting Services Agreement

Effective October 23rd, 2017

1. Formation
and Modification of Contract

This
Hosting Services Agreement, which includes Schedule A Copyright Infringement
Process [Link] is entered into by you
(either personally or on behalf of another person or organization) and TierraNet
Inc. ("TierraNet") as part of the TierraNet Universal Terms of Service
Agreement [[Link]] (collectively, this "Agreement").

This
Agreement states all of the terms and conditions regarding your use of the TierraNet
Hosting Services ("Hosting Services").

Your
electronic acceptance of this Agreement confirms that you have read,
understand, acknowledge and agree to be bound by this Agreement.

TierraNet
may, in its sole and absolute discretion, and from time to time, amend all or
any part of this Agreement. Amendments will become effective immediately
upon TierraNet’s posting to this website, but will not be applied retroactively.
Your use of the Hosting Services after amendments have been posted to this
website will constitute your acceptance of this Agreement as last amended.
Do not use (or continue to use) the Hosting Services if you do not agree to be
bound by this Agreement as last amended.

TierraNet
may occasionally elect to email you advance notice of pending amendments to
this Agreement. For this and other reasons, it is important that you keep
your email and other account information accurate and up-to-date in the TierraNet
Control Panel.

2.Hosting
Services

TierraNet
offers three types of Hosting Services. You will have the right to select
which Hosting Service you desire at the time you make your payment and click to
accept this Agreement.

(a) Shared
Hosting - you will share one or more servers and other resources with
other customers, except that your website receives a unique address (DNS);

(b) Virtual
Private Server ("VPS") - you will share a server with other
customers; however, you will have full control over, and configuration of, your
virtual space on the server, with administrator (root) access and a dedicated
IP address; or

(c) Dedicated
Hosting - you will have an entire server reserved exclusively for
your account and usage.

Email
services are included as part of all Hosting Services (although you may also
elect to subscribe to email hosting as a separate service).

In
addition to different amounts of disk space and bandwidth, each of the three
primary Hosting Services include a variety of services within the price such
as, but not limited to, WordPress, Easy Install, Statistics, Webby, Open Cart
Shopping, virus protection, support, webmail services, FTB Account(s), DNS
Management, MySQL Databases, and One Time Backup. For a separate fee, you
may also elect optional Hosting Services including, without limitation, Website
Builder, Site Backup & Restore, Hosting Migration and other custom support
services.

3. Resource
Usage

If your
account exceeds the allocated amount of disk space and/or bandwidth that you elect,
TierraNet reserves the right to: (a) suspend your account until the start of
the next month, (b) suspend your account until you pay for more bandwidth or
disk space, (c) terminate your account, (d) charge you an additional fee for
the overages, or (e) take other actions at its sole discretion.

Unused bandwidth
and/or disk space for one month cannot be carried over to the next month.
You are solely responsible to monitor and comply with all TierraNet usage
requirements and limits for bandwidth, disk space and other resources.

Some
examples of how you affect resource use include:

1.The rate and complexity of CGI scripts you execute;

2.The rate and complexity of database queries you execute;

3.The volume and frequency you use email, FTP, control panel,
and other services;

You agree
to only use the Hosting Services and TierraNet hardware for lawful purposes.
You shall not store, transmit, display or provide any content or link to any
material that violates (a) any foreign, federal, state or local law, or (b)
this Agreement, including the Universal Terms of Service Agreement, the
Acceptable Use Terms, the Payment Terms, and other contract documents
incorporated as part of this Agreement.

5. Abusive
Activities

You agree
that you shall not, at any time or in any way, use the TierraNet servers or
your website as a source, intermediary, reply to address, or destination
address for mail bombs, Internet packet flooding, packet corruption, denial of
service, or any other abusive activities.

Server
hacking and other perpetration of security breaches is prohibited, and
TierraNet reserves the right to remove websites containing information about
hacking or links to hacking information.

Use of
your website as an anonymous gateway is prohibited.

TierraNet
prohibits the use of software or scripts to be run on its servers that cause
the servers to load beyond a reasonable level, as solely determined by
TierraNet.

In
addition to the above and the Acceptable Use Terms [Link] included as part of the
Universal Terms of Service Agreement [Link], you also agree not to engage in any
unacceptable use of the Hosting Services, including without limitation, to: (1)
disseminate or transmit any material that, to a reasonable person may be
grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to
the identity, source, or origin of any communication; (3) interfere, disrupt or
attempt to gain unauthorized access to any computer system, server, network or
account for which you do not have authorization to access or at a level
exceeding your authorization; (4) use your server as an "open relay" or for
similar purposes; and/or (5) engage in any other activity in conflict with the
spirit or intent of this Agreement or any of TierraNet’s policies, as
determined at the sole and exclusive discretion of TierraNet.

6. Rights
You Grant to TierraNet

You grant
to TierraNet a nonexclusive, nontransferable royalty-free, worldwide license to
reproduce, distribute, publicly display, and digitally perform the content, tools
and work product (such as the HTML, Java applets, CGI scripts, and ActiveX
controls) for your website. You further grant to TierraNet a
nonexclusive, nontransferable, royalty-free, worldwide license to use your
domain name(s), trade names and other commercial designations for purposes of
creating content directories and indexes.

7. Internet
Protocol (IP)

TierraNet may
elect from time to time to migrate its servers. As a result, even if you
have a dedicated IP, you understand and agree that TierraNet may assign you one
or more different IP addresses.

TierraNet
does not warrant that you will be able to consistently maintain your assigned
Internet Protocol ("IP") addresses.

Additionally,
you understand and agree that TierraNet will at all times have the right to
seek justification in connection with your use of the Hosting Services, and
specifically your purchase of IP addresses. Justification is a
requirement of the American Registry of Internet Numbers ("ARIN"), the
organization that manages the allocation of IP resources in North
America. In order to comply with ARIN’s justification policy and to
prevent any IP allocation delays, you agree to provide IP usage justifications
for each of the IP addresses assigned to your Services, and to provide any and
all other information reasonably requested by TierraNet for the purposes of
justification.

You
further understand and agree that your name and justification may be disclosed
to certain registries including, but not limited to, ARIN in accordance with
the respective policies issued by such registries, and that all such
information may be displayed publicly on the WHOIS database.

8. Storage
and Security

You will be
solely responsible for undertaking measures to: (a) prevent any loss or damage
to your website, emails and server content; (b) maintain independent archival
and backup copies of your website, emails and server content; and (c) ensure
the security, confidentiality and integrity of all of your websites, emails and
server content transmitted through or stored on the TierraNet servers.

TierraNet
will take commercially reasonable steps to prevent unauthorized access to the
content stored on TierraNet’s servers.

9. Website/Email/Server
Content

You will be
solely responsible for providing, updating, uploading and maintaining your
website(s), email(s) and server(s) and any and all files, pages, data, works,
information and materials on, within, displayed, linked or transmitted to, from
or through your website(s), email(s) and server(s) including, but not limited
to, trademarks and service marks, images, photographs, illustrations, graphics,
audio clips, video clips, email, webmail and other messages, meta tags, domain
names, copyrightable works, confidential information, software and text.

You
acknowledge and agree that in the course of providing you with technical
assistance and/or in the enforcement of this Agreement, TierraNet support staff
may need to modify, alter or remove all or portions of your content, for which
you agree to hold harmless TierraNet and its support staff.

10. Customer
Representation

You
represent that, at all times during the term of this Agreement:

(a) You
will comply with all applicable foreign, federal, state and local laws, rules
and regulations regarding the Hosting Services and your content used with the
Hosting Services ("Content"), and that you will use your website(s),
email(s) and server(s) only for lawful purposes.

(b)
You will not at any time post, upload, display, or otherwise distribute any
Content that violates this Agreement, including the Acceptable Use Terms [Link].

(c) You
are the owner or valid licensee of your Content, and each element thereof, and
you have secured all necessary licenses, consents, permissions, waivers and
releases for the use of your content. This includes, but is not limited
to, all trademarks, logos, copyrights, names and likenesses.

(d) Your
use, publication and display of Content will not infringe any copyright,
patent, trademark, trade secret or other proprietary or intellectual property
right of any person, or constitute a defamation, invasion of privacy or
violation of any right of publicity or any other right of any person, including,
without limitation, any contractual, statutory, or common law right or any
"moral right."

11. Copyright
Infringement Protection

TierraNet
supports copyrights by complying with the applicable provisions of the United
States Digital Millennium Copyright Act, including 17 U.S.C. 512 (the "DMCA").
A partial summary of some of the relevant provisions of the DMCA are included
as Schedule A [Link]
to this Agreement; however, you or your attorney are responsible to fully
comply with the actual detailed provisions of the DMCA.

Additionally,
TierraNet may terminate accounts of repeat infringers according to the process
set out in the DMCA.

The
designated copyright agent for notice of alleged copyright infringement
appearing on the Services is:

Robert K. Peddycord,
Attorney

169 Saxony Road, Suite 205

Encinitas, CA 92024

12. Service
Uptime Guarantee

TierraNet
will provide Hosting Services that meet reasonable commercial standards for packet
loss, accessibility, latency, availability, and throughput. If your server does
not have 99.9% uptime in any month during the term of this Agreement, you may request
TierraNet to receive one month of credit on your account. Approval of the
credit is at the sole discretion of TierraNet. The uptime guarantee does
not apply to Hosting Service interruptions caused by (a) periodic scheduled
maintenance or repairs TierraNet may undertake from time to time; (b)
interruptions caused by you from custom scripting, coding or the installation
of third party applications; (c) outages that do not affect the appearance of
your website but merely affect access to your website such as FTP and email;
(d) causes beyond TierraNet’s reasonable control that are not reasonably
foreseeable; and (e) outages related to the reliability of certain programming
environments.

13. Satisfaction
Guarantee

If you are
not completely satisfied with the TierraNet Hosting Services within the first
30 days of the start of your service, you may request a full refund of the amount
you actually paid for the applicable service. Domain name registration
fees, SSL Certificates, custom services, and dedicated services are not
eligible for this satisfaction guarantee.

14. Hosting
Termination

Upon any
expiration or termination of your Hosting Services, you shall discontinue use
of the Services and relinquish use of the IP addresses and server names
assigned to you in connection with Hosting Services, including pointing the
domain name system ("DNS") for your domain name(s) away from the TierraNet
servers.

Prior to any
expiration or termination of your Hosting Services, you are responsible for
moving your website and Content off the TierraNet servers. TierraNet will
not transfer or FTP your website off its servers prior to expiration or
termination. If you fail to move your website or server Content off the
TierraNet servers prior to expiration or termination, then you acknowledge and
agree all such Content will be deleted and TierraNet will not be able to
provide you a copy of such Content.

15. Remedies

You agree that if you violate any provision of this
Agreement, or if TierraNet reasonably believes you violate any provision of
this Agreement, TierraNet may, at its sole and absolute discretion, temporarily
or permanently terminate the Hosting Services and/or this Agreement, delete
problem Content, remove your website from the TierraNet servers, suspend your
email, notify legal authorities, or take or omit to take any other action.

You acknowledge and agree that all websites associated with
your hosting account may be removed if one website is in violation of any of
the provisions of this Agreement.

Schedule A to
Hosting Services Agreement

Copyright
Infringement Process

Overview

TierraNet
is committed to complying with U.S. copyright law and expects you to do the
same. The Digital Millennium Copyright Act of 1998 ("DMCA")
provides recourse for owners of copyrighted material who believe their rights
under U.S. copyright law have been infringed on the Internet.

The following
notice and takedown procedures are provided for general information purposes
only. If you believe your copyrights have been infringed, or if a notice
of copyright infringement has been filed against you, TierraNet recommends you
consult with an attorney. In order to file a notification of a claimed
copyright infringement or counter-notification of a claimed copyright
infringement, it is required that you follow all of the steps provided in Title
17, United States Code, Section 512.

Notification of a Claimed
Copyright Infringement

If
you believe your content has been copied in a way that constitutes copyright
infringement, please provide TierraNet with all of the following information:

A
physical or electronic signature of a person authorized to act on behalf of the
copyright owner;

(2) Identification
of the copyrighted work claimed to have been infringed;

(3) Identification
of the allegedly infringing copyrighted work and information reasonably
sufficient to permit TierraNet to locate the material;

(4) Information
reasonably sufficient to permit TierraNet to contact you, such as an address,
telephone number and email address;

(5) A
statement by you that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and

(6) A
statement that the information in the notification is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.

TierraNet Response to a
Claimed Copyright Infringement

Upon receipt of
a notification that complies with all of the foregoing requirements, TierraNet
will remove or disable access to the allegedly infringing material and take
reasonable steps to notify the alleged infringer in writing of the claim
against him, her or it.

Counter-Claim Notification to
a Claimed Copyright Infringement

In
response to a notification of claimed copyright infringement, the alleged
infringer may provide a counter-claim notification to TierraNet with all of the
following information:

(1) A
physical or electronic signature of the alleged infringer;

(2) Identification
of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to
it was disabled;

(3) A
statement under penalty of perjury that the alleged infringer has a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and

(4) The
alleged infringer’s name, address, and telephone number, and a statement that
consents to the jurisdiction of the federal district court for the judicial
district in which the alleged infringer is located, and that the alleged
infringer will accept service of process from the complainant. If the
alleged infringer’s address is outside of the United States, consent to any
judicial district in which TierraNet may be found.

TierraNet Response to a
Counter-Claim Notification

Upon
receipt of the counter-claim notification, TierraNet will:

(1)
Provide the complaining party with a copy of the
counter-claim notification;

(2) Inform
the complaining party that it will replace the removed material or cease
disabling access to it within 10 business days following receipt of the
counter-claim notice;

(3) Replace
the removed material or cease disabling access to the material in not less than
10, nor more than 14, business days following receipt of the counter-claim
notice. This is true unless TierraNet’s designated agent has received
notice from the complaining party that an action has been filed seeking a court
order to restrain the alleged infringer from engaging in infringing activity
relating to the material on TierraNet’s system or network.